DEBATERS'  HANDBOOK  SERIES 


THE  RECALL 


DEBATERS' 
HANDBOOK  SERIES 


Enlargement  of  the  United  States  Navy 
(3d  ed.  rev.  and  enl.) 

Direct  Primaries     (3d  ed.  rev.  and  enl.) 

Capital  Punishment     (2d  ed.  rev.) 

Commission  Plan  of  Municipal  Govern- 
ment (3d  ed.  rev.  and  enl.) 

Election  of  United  States  Senators  (2d  ed. 
rev.) 

Income  Tax     (2d  ed.  rev.  and  enl. ) 

Initiative  and  Referendum  (2d  ed.  rev. 
and  enl.) 

Central  Bank  of  the  United  States 

Woman  Suffrage     (2d  ed.  rev.) 

Municipal  Ownership 

Child  Labor 

Open  versus  Closed  Shop     (2d  ed.) 

Employment  of  Women 

Federal  Control  of  Interstate  Corporations 

Parcels  Post     (2d  ed.  rev.  and  enl.) 

Government  Ownership  of  Railroads 

Compulsory  Arbitration  of  Industrial  Dis- 
putes 

Compulsory  Insurance 

Conservation  of  Natural  Resources 

Free  Trade  vs.  Protection 

Reciprocity 

Trade  Unions 

Recall 

Other  titles  in  preparation 

Each  volume,  one  dollar  net 


Debaters'Handbook   Series 


SELECTED  ARTICLES 

ON 

THE    RECALL 


INCLUDING  THE  RECALL  OF  JUDGES  AND 
JUDICIAL  DECISIONS 


COMPILED  BY 

EDITH  M.  PHELPS 

u 


THE    H.   W.    WILSON    COMPANY 
WHITE  PLAINS,  N.  Y.  and  NEW  YORK  CITY 

1913 


Published  October,  1913. 


EXPLANATORY  NOTE 


Like  the  other  volumes  in  this  series,  this  handbook  has  been 
compiled  for  the  especial  'benefit  of  students  and  debaters,  and 
for  libraries  desiring  to  meet  the  needs  of  their  patrons  for  ref- 
erence material  on  this  subject.  The  volume  contains  reprints 
of  valuable  material  covering  the  history  and  present  status  of 
and  the  arguments  for  and  against  the  recall,  including  the 
recall  of  judges  and  of  judicial  decisions.  Briefs  are  given  for 
the  recall  of  judges  and  of  decisions,  but  it  has  not  been  con- 
sidered necessary  to  include  one  for  the  general  recall  as  the 
brief  for  the  recall  of  judges  can  be  easily  adapted  for  the 
purpose.  The  bulk  of  reprinted  matter  has  been  devoted  to 
the  judicial  recall  also,  as  this  seems  to  be  the  most  popular 
and  important,  and  many  of  the  arguments  are  the  same  as  for 
the  general  recall.  A  map  has  also  been  included  showing  the 
progress  already  made  by  the  state-wide  recall  in  the  United 
States,  and  the  main  features  of  the  various  state  provisions 
can  be  compared  by  means  of  the  accompanying  tabulation. 


267580 


CONTENTS 

BRIEFS  : 

Recall  of  Judges xi 

Recall  of  Judicial   Decisions xv 

BIBLIOGRAPHY  : 

Bibliographies xxi 

The   Recall: 

General  References xxii 

Affirmative   References    xxvi 

Negative   References    xxviii 

Recall  of  Judges: 

General    References    . . .  .  . xxix 

Affirmative   References    xxxiii 

Negative   References    xxxv 

Recall  of  Judicial  Decisions: 

General    References    xli 

Affirmative    References    xlii 

Negative    References    xliii 

MAP xlvi 

TABULATED  COMPARISON  OF  RECALL  PROVISIONS After  xlvi 

INTRODUCTION     i 

THE  RECALL  : 

General  Discussion: 

Gilbertson,  H.  S.  Recall — Its  Provisions  and  Signifi- 
cance   .Annals  of  the  American  Academy  5 

American  Bar  Association.  Report  of  the  Committee 

to  Oppose  the  Judicial  Recall 14 

Barnett,  James  D.  Operation  of  the  Recall  in  Oregon. 

American  Political  Science  Review  19 


viii  CONTENTS 

4 

Affirmative  Discussion: 

Guthrie,  George  W.    Initiative,  Referendum  and  Recall. 

Annals   of   the   American  Academy       23 

Munsey,  Frank  A.    Plain  Talk  About  the  Recall 

Munsey      33 

Recall   in   Texas Outlook      33 

Bourne,  Jonathan,  Jr.    Functions  of  the  Initiative,  Ref- 
erendum and  Recall 

Annals   of  the   American  Academy       35 

Schaffner,  Margaret  A.    Recall Yale  Review       36 

Recall  in  Seattle Outlook      37 

Willard,  Charles  D.  Municipal  Progress  in  Los  Angeles. 

National 

Conference  for  Good  City  Government.    Proceedings       38 
Negative  Discussion : 
McCall,   Samuel  W.    Representative  as  Against   Direct 

Government Atlantic    Monthly      41 

Menace  of  the  Recall American  City      44 

Tawney,  James  A.    Proposed  Reforms  of  the  So-Called 

Progressives 45 

Butler,    Nicholas    M.     Why    Should    We    Change    Our 

Form   of   Government? ^. . 

United  States.   Senate  Doc.   No.  238       50 

Ireland,   Archbishop.     Recall    Condemned 

Minneapolis    Journal       54 

RECALL  OF  JUDGES  : 
Affirmative  Discussion: 

v  Wanamaker,  R.  M.    Recall  of  Judges — A  Judicial  Affirm- 
ative  Illinois  State   Bar  Association.    Proceedings       55 

0  Smalley,    Harrison    W.    Nullifying    the    Law    by    Judicial 

Interpretation Atlantic    Monthly       62 

/      Walsh,  T.  J.    Recall  of  Judges 68 

I      Owen,  Robert  L.  Election  and  Recall  of  Federal  Judges. 

United  States.    Senate  Doc.  No.  99       77 

Manahan,  James.     Recall  of  Judges.. Minneapolis  Tribune       84 
'       Overton,  Gwendolen.    Democracy  and  the  Recall.    Forum       85 


CONTENTS  he 

/    Roe,  Gilbert  E.    Recall  of  Judges 

Academy  of  Political  Science   (N.  Y.).    Proceedings       88 
Negative   Discussion: 
Dougherty,  J.    Hampden.    Substitutes  for  the  Recall  of 

Judges 

Academy  of  Political  Science    (N.  Y.).    Proceedings       95 
Brown,  Rome  G.   Judicial  Recall — A  Fallacy  Repugnant 

to   Constitutional   Government 

.  . . Annals  of  the  American  Academy     101 

Hornblower,  William  B.    Independence  of  the  Judiciary 

the    Safeguard  of  Free  Institutions . .  Yale  Law  Journal     117 
Stafford,  Wendell  P.    Recall  of  Judges— A  Warning... 

Central  Law  Journal     120 

Page,  Edward  D.    Selection  and  Removal  of  Judges.... 

Academy  of  Political  Science    (N.  Y.).    Proceedings     121 
Metcalf,  James  A.    Dangers  That  Lurk  in  the  Recall  of 

the  Judiciary Annals  of  the  American  Academy     122 

American   Bar  Association.    Report   of   the    Committee 

to  Oppose  the  Recall  of  Judges,  1912 124 

Brown,  Rome  G.    Recall  of  Judges 127 

Fink,  Albert.   Recall  of  Judges.  .  .North  American  Review     134 

RECALL  OF  JUDICIAL   DECISIONS  : 

Affirmative  Discussion: 

Rosevelt,  Theodore.    Charter  of  Democracy Outlook     143 

Roosevelt,  Theodore.    Right  of  the  People  to  Rule.... 

Outlook     150 

Lewis,  William  Draper.    New  Method  of  Constitutional 

Amendment   by   Popular   Vote 

Annals  of  the  American  Academy     155 

Davids,  Berkeley.    Recall  of  Decisions Law  Notes     171 

Metcalf,  James  A.     Dangers  That  Lurk  in  the  Recall  of 

the  Judiciary .Annals  of  the  American  Academy     175 

Negative  Discussion: 

Root,  Elihu.    Judicial   Decisions  and  Public  Feeling 

. .  . .  .  .New  York  State  Bar  Association.    Proceedings     179 

Hamil,   Charles    H.    Constitutional   Chaos Forum     189 


x  CONTENTS 

McDonough,  James  B.  Recall  of  Decisions — A  Fallacy 

Central  Law  Journal  201 

Smith,  Munroe.  Development  of  American  Constitu- 
tional Law 

Academy  of  Political  Science  (N.  Y.).  Proceedings  207 

Brown,  Rome  G.  Judicial  Recall — A  Fallacy  Repugnant 

to  Constitutional  Government 

Annals  of  the  American  Academy  211 

Thayer,  Ezra  Ripley.    Recall  of  Judicial  Decisions 217 

Hornblower,  William  B.  Independence  of  the  Judiciary 

the  Safeguard  of  Free  Institutions 

Yale  Law  Journal  220 

Ashley,  Clarence  D.  Recall  of  Judicial  Decisions 

Academy  of  Political  Science  (N.  Y.).  Proceedings  227 


BRIEFS 

RECALL  OF  JUDGES 

Resolved,    That   judges    should    be    made    subject    to    recall. 
INTRODUCTION 

I.     It   is   asserted   that   numerous   evils   exist   in   our   judi- 
ciary system. 

A.  Our  courts  have  been   severely  criticized. 

1.  By  members  of  the  bench  and  bar. 

2.  In  the  press  and  on  the  platform. 

B.  Many  suggestions  have  been  made  for  the  reform 

of  courts  and  of  judicial  procedure. 

II.     The   recall   of  judges   has   been   adopted   as   a   remedy 
for  these  evils. 

A.  It  is  now  in  force  in  Oregon,  California,  Arizona, 

Nevada  and  Colorado. 

B.  Other    states   have    taken    steps   providing  for   its 

adoption. 

III.     There  is  serious  and  determined  opposition  to  the  fur- 
ther adoption  of  the  recall  of  judges. 

A.  Committees  have  been  appointed  to  work  against 

it. 

B.  Much    literature    has   been    disseminated    in   oppo- 

sition. 

C.  President    Taft    refused   to    admit    Arizona   to    state- 

hood until  the  clause  providing  for  the  recall 
of  judges  had  been  eliminated  from  her  Con- 
stitution. 

AFFIRMATIVE 

I.     There  are  many  evils  in  our  present  judiciary  system. 
A.     The   delay  and  expense  of  litigation  is  too  great. 


xii  BRIEFS 

B.  Decisions    are    based    on    legal    technicalities    and 

outworn  precedent  rather  than  reason  and  com- 
mon sense. 

C.  The  courts  have   usurped  legislative  functions. 

D.  The  judiciary  has  become  the  bulwark  of  special 

privilege. 
II.     The  recall  of  judges  is  needed  to  correct  these  evils. 

A.  Impeachment  has  failed  as  a  remedy. 

B.  The  fact  that  the  recall  could  be  exercised  would 

cause  the  judges  to  feel  more  keenly  their  re- 
sponsibility to  the  people. 

C.  Corrupt  and  inefficient  judges  would  be  deprived 

of  office. 

D.  The   good  judge  would  be   protected  in  the  per- 

formance of  duty. 

E.  The  courts  would  be  removed  from  the  influence 

of   corrupt   interests, 
III.     The  recall  of  judges  is  desirable  for  other  reasons. 

A.  It    is   the    application   of   good   business    principle   to 

government  affairs. 

B.  It  is   constitutionally   sound. 

1.  It  is  consistent  with  the  republican  theory  of  gov- 

ernment. 

2.  It    has     proved     constitutional     in     the     states 

where  it  has  been  exercised. 

3.  There  is  sound  precedent  in  our  governmental 

institutions  for  its  use. 

C.  It  would  be  beneficial  to  the  people. 

1.  It  would  restore  the  confidence  of  the  people 

in  the  courts. 

2.  It  would  arouse   people  to   a   more  intelligent 

study  of  candidates. 

D.  Short  terms  and  frequent  elections  of  judicial  of- 

ficers  would   be   unnecessary   if  the   recall  were 
available. 

i.  Judges  could  be  elected  for  life,  subject  only  to 
removal  for  inefficiency  or  malfeasance  in 
office. 

IV.     The    recall    of  judges   is    not   dangerous   as    has   been 
asserted. 


RECALL   OF   JUDGES  xiii 

A.  It  would  not  be  abused. 

1.  People  are  conservative  and  would  use  it  only 

on  great  provocation. 

2.  They  are  capable  of  using  it  wisely. 

a.     They  are  as  competent  to  recall  as  to  elect. 

3.  It  would  not  become  the  tool  of  vicious  inter- 

ests. 

a.     If  this   were   likely  to   be  the   case,   these 
interests  would  not  fight  it  so  bitterly. 

B.  It  would  be  exercised  sparingly. 

i.     The    fact    that    it    could    be    utilized    if   necessary 
would  generally  be  sufficient. 

C.  The   rights    of  the   minority  would   not   be   disre- 

garded. 

i.  They  would  be  safeguarded  as  they  now  are 
by  the  sense  of  responsibility  and  justice  of 
the  majority  which  is  the  preservation  of 
law  at  all  times. 

NEGATIVE 

I.     The  evils  of  our  judiciary  system  have  been  much  ex- 
aggerated. 

A.  The    courts    have    not   usurped    power   to    declare 

legislation  unconstitutional. 

B.  They  are  not  reactionary  and  unprogressive. 

i.     It  is  their  business  to  declare  law  and  not  to 
make  it. 

C.  Many   of   the    so-called    evils    are    inherent   in    so- 

ciety   and    will    remain    so    long    as    people    are 
human. 

II.     Such  evils  as  do  exist  can  be  remedied  without  resort 
to   the   recall   of  judges. 

A.  Members  of  the  bench  and  bar  are  already  work- 

ing to  reform  judicial  procedure. 

B.  The    existing    remedies    of    impeachment    and    re- 

moval for  cause  can  be  made  more  effective. 

C.  The  power  of  the  courts  to  interpret  statutes  and 

to  nullify  laws  by  majority  vote  can  be  removed. 
III.     The   recall  of  judges   would  be  undesirable   for  many 
reasons. 


xiv  BRIEFS 

A.  It    is    inconsistent    with    our    republican    form    of 

government. 

i.     Ours  is  a  representative  and  not  a  pure  democ- 
racy. 

B.  The  independence  of  judges  would  be  destroyed. 

1.  Decisions  would  be  influenced  by  popular  senti- 

ment. 

2.  The   rights   of  the  minority  would   be   subject 

to  the  will  of  the  majority. 

3.  Constitutional  gurantees  would  be  endangered. 

C.  It  would  be  unfair  to  judges. 

1.  The  method  of  procedure  does  not  provide  for 

a    fair    trial. 

2.  Passion  and  feeling  would  prevail  in  the  elec- 

tion instead  of  judgment. 

3.  There   would  be  loss   of  respect  for  the  judi- 

ciary. 

D.  It  would  be  difficult  to  induce  good  men  to  serve 

as   judges. 

E.  The   evils   of   our   present   system   would    increase 

rather  than   decrease. 

1.  The    uncertainties    of    litigation    would    be    in- 

creased. 

2.  The    courts    would    become    the    tool    of    the 

bosses  and  corrupt  interests. 

F.  The  people  are  not  capable  of  exercising  the  recall 

wisely. 

1.  They  cannot  understand  the  intricacies  of  law. 

2.  They  are  too  indifferent  to  take  the  trouble  to 

secure  correct  information  about  candidates. 

3.  If  the  people  do  not  elect  good  officials,  they 

cannot  be  trusted  to  recall  those  who  prove 
unworthy. 

4.  Recall    elections   would   be   left   to    the    bosses 

and  those  in  control  of  the  nominations. 
IV.     The   recall    of  judges   does    not   stand   the   test   of  ex- 
perience. 

A.     The  instances  where  it  has  been  used  show  it  to 
be    vicious. 


RECALL    OF    JUDICIAL    DECISIONS  xv 

B.  Judges  elected  for  life  have  been  shown  to  be 
superior  to  those  subject  to  frequent  re-election 
or  recall. 

RECALL  OF  JUDICIAL  DECISIONS 

Resolved,  That  state  constitutions  should  be  so  amended 
as  to  provide  that  when  an  act  passed  under  the  police 
power  of  the  state  has  been  pronounced  unconstitutional  by 
the  courts,  the  legislature  shall,  after  six  months  and  within 
two  years,  submit  the  act  to  a  vote  of  the  people,  and  a 
majority  in  favor  shall  be  sufficient  to  establish  it  as  law. 

INTRODUCTION 

I.  Much  recent  social  legislation,  intended  to  relieve  the 
injustices  of  our  changing  economic  conditions,  has 
been  pronounced  unconstitutional  by  the  state  courts  on 
the  ground  that  it  is  in  violation  of  the  "due  process" 
clause  of  the  Constitution  which  says  that  "no  person 
shall  be  deprived  of  life,  liberty  or  property  without 
due  process  of  law." 
A.  It  is  held  that  such  legislation  is  not  a  proper 

exercise   of  the  police  power. 

II.  As  a  remedy  for  this  condition  of  affairs,  Ex-President 
Roosevelt  has  proposed  that  "in  a  certain  class  of 
cases  involving  the  police  power,  when  a  state  court 
has  set  aside  as  unconstitutional  a  law  passed  by  the 
legislature  for  the  general  welfare,  the  question  of 
the  validity  of  the  law  ...  be  submitted  for  final 
determination  to  a  vote  of  the  people  taken  after  a 
due  time  for  consideration/' 

III.     This  plan,  the  recall  of  judicial  decisions,  has  received  con- 
siderable support. 

A.  It  has  received  the   support   oif  the  dean   of   an   im- 

portant  law   school. 

B.  It  is  supported  by  the  Progressive  Party. 

C.  It  has  been  adopted  in  Colorado. 

D.  It  has  been  proposed  in  the  Massachusetts  legisla- 

ture, and  as  an  amendment  to  the  Constitution 
of  Illinois,  and  also  to  the  Federal  Constitution. 


vi  BRIEFS 

IV.  The  American  Bar  Association  has  proposed,  as  an 
alternative,  that  the  Federal  Judiciary  Code  be 
amended  to  provide  that  all  decisions  made  by  a 
state  court  of  last  resort  may  be  ordered  by  a  writ 
of  certiorari  to  be  reviewed  and  reversed  by  the 
Supreme  Court  of  the  United  States. 

A.  As  it  is   now,   the   Supreme    Court   cannot  review 

any  decisions  where  a  state  law  has  been  pro- 
nounced invalid  by  a  state  court  because  re- 
pugnant to  the  Federal  Constitution. 

B.  This   proposal   has   been   approved  by   the   Senate 

of  the   United  States. 

AFFIRMATIVE 

I.  The  people  have  suffered  injustice  in  many  states  be- 
cause the  courts  have  refused  to  admit  much  social 
legislation  as  constitutional. 

A..  Such  legislation  has  been  instituted  to  remedy  the 
injustices  of  our  present  social  and  economic 
conditions,  and  would  improve  very  materially 
the  welfare  of  our  people. 

B.  Many  judges   have  failed,  both  by   education  and 

experience,  to  come  in  contact  with  these  condi- 
tions, and  their  decisions  have  been  based  on 
legal  conventions  rather  than  justice. 

C.  The   "police   power"   has   not   been   interpreted   in 

accordance  with  present-day  standards. 

D.  The  "due   process  of  law"  clause  has  often  been 

given  a  wider  application  than  was  originally 
intended. 

i."  That  the  courts  do  not  agree  on  its  interpreta- 
tion is  shown  by  the  fact  that  the  same  or 
similar  laws  have  been  pronounced  consti- 
tutional by  the  courts  of  some  states  and  not 
of  others. 

E.  Decisions  are  frequently  made  by  a  small  majority 

of  the  court  and  hence  one  man  is  sometimes 
able  to  block  the  will  of  the  whole  people. 


RECALL    OF    JUDICIAL    DECISIONS  xvii 

IT.  When  acts  passed  under  the  police  power  of  the  state 
and  affecting  the  well-being  of  the  entire  people  are 
declared  unconstitutional  by  the  courts,  the  people 
should  have  the  right  to  recall  the  decision. 

A.  The  judges  are  the  servants  of  the  people  and  not 

their   masters. 

B.  The  people  are  as  capable  of  interpreting  the  law 

as  they  are  of  enacting  it. 

C.  Interpretation  of  the  police  power  depends  on  pre- 

vailing moral  standards  and  the  people  are  best 
fitted  to  judge  what  these  standards  really  are. 
III.     The  recall  of  decisions  is  preferable  to  other  remedies 
that  have  been  suggested. 

A.  Impeachment  could  not  be  resorted  to  in  the  case 

of  such  decisions. 

B.  Changing  the  act  so  as  to  secure  a  favorable  de- 

cision from  the  courts  would  not  be  desirable. 

1.  It  would  take  too  long. 

2.  The  act  would  be  weakened. 

C.  Amending  the  due  process  clause  of  the  constitu- 

tion so  as  to  prohibit  state  courts  from  review- 
ing such  legislation  is  less  desirable. 

1.  Besides  the  delay,  it  is  uncertain  whether  the 

court  would  consider  itself  bound  to  observe 
the  amendment. 

2.  It  would  be  arbitrary  arid  dangerous. 

a.  The  legislature  would  be  freed  from  neces- 

sary restrictions. 

b.  Constitutional  limitations   would  be  disre- 

garded. 

3.  The   present    difficulty   is    not    with    the    constitu- 

tion,   but    with    the    judges'    interpretation 
of  it. 

IV.  The  recall  of  judicial  decisions  would  be  desirable  for 
other  reasons. 

A.  It  would  not  alter  constitutional  rights. 

B.  It  would  not  disturb  the  courts. 

C.  It   would    remove   the    demand   for   the    recall    of 

judges. 


xviii  BRIEFS 

D.  It   would   teach   the   courts   what   the   will   of  the 

people  really  is. 

E.  It  is  practicable. 

I.     Ample  time  can  be  given  for  consideration. 

F.  It   is    conservative. 

i.     The  principle  of  the  recall  is  already  established 

in  our  constitutions. 

V.     The  argument  that  the  people  have  not  the  ability  to 
understand  judicial   reasoning  is  unsound. 

A.  Much  of  this  reasoning  is  outworn  and  unnecessary. 

B.  The   decisions   of  the   people   cannot    be  more  in- 

consistent than  many  of  those  which  have  been 
reached  by  the  courts. 

NEGATIVE 

I.     It    is    necessary   that    the   judicial    function    should   be 
exercised  by  an  entirely  independent  body. 

A.  Constitutional  law  must  be  kept  distinct  from  statute 

law. 

B.  The  separation  of  the  legislative,  judicial  and  exec- 

utive functions  of  government  must  be  pre- 
served. 

II.     The  decisions  of  the  courts  in  cases  involving  the  police 
power  should  be  final. 

A.  The    term    "police    power"    demands    legal    inter- 

pretation. 

B.  It  is  too  vague  to  be  left  for  interpretation  to  the 

legislature  or  to  the  people. 
III.     The  recall   of  judicial  decisions  is  impracticable. 

A.  It  is  more  cumbersome  than  existing  methods  of 

amending  the  state  constitutions. 

B.  It  could  not  be  put  into  effect,  except  in  cases  in- 

volving state  constitutional  questions  alone, 
without  an  amendment  of  the  Federal  Judiciary 
Code. 

I.     Such  amendment  would  be  sufficient  to  remedy 
existing  difficulties  without  resorting  to  the 
recall  of  decisions  by  the  people. 
IV.     The  recall  of  judicial  decisions  is  unnecessary. 


RECALL  OF  JUDICIAL  DECISIONS  xix 

A.  The  present  system   of  judicial  procedure  is  flex- 

ible   enough   to   overcome   present   difficulties   in 
the  way  of  progressive  legislation. 

1.  Courts    are    responding    slowly    but    surely    to 

public  opinion. 

2.  Judges    should   Keep   closer    in   touch    with   public 

affairs  and  render  decisions  more  in  accord 
with  prevailing  moral  standards. 

3.  If  a  law  is  pronounced  unconstitutional  by  the 

courts,  a  new  measure  can  be  drafted  which 
will  meet  constitutional   requirements, 
a.     Many  decisions  are  due  to  errors  in  draft- 
ing bills. 

B.  If  a  change  is  necessary,  there  are  other  remedies 

less  cumbersome  and  revolutionary  than  the  re- 
call  of  judicial   decisions. 

1.  It  could  be  provided  that  legislation  should  not 

be  pronounced  unconstitutional  unless  the 
decision  is  concurred  in  by  more  than  a  bare 
majority  of  the  judges. 

2.  Easier  methods  of  amending  state  constitutions 

could  be  provided  where  necessary. 

3.  The  Federal  Judiciary  Code  could  be  amended 

so  as  to  permit  a  wider  appeal  from  state 
courts  to  the  United  States  Supreme  Court 
in  cases  -involving  the  Federal  Constitution. 

4.  The  "due  process  of  law,"  "equal  protection  of 

the  laws,"  and  other  clauses  of  a  similar 
character  could  be  removed  from  state  con- 
stitutions, where  these  clauses  merely  dupli- 
cate limitations  upon  state  action  contained 
in  the  Federal  Constitution. 
V.  The  recall  of  judicial  decisions  would  be  undesirable 

for  other  reasons. 
A.     Constitutional  guarantees  would  be  endangered. 

1.  Necessary   checks   on   legislation   would  be   re- 

moved. 

2.  Cases    would    be    decided   by   the    people    with 

reference  to  expediency  only,  and  with  no 
regard  for  their  legality. 


BRIEFS 

a.     The  recall  would  be  exercised  in  times  of 

excitement  and  public  feeling. 
P..     The  uniformity  of  law  would  be  destroyed. 

C.  It  would  be  dangerous  to  the  courts. 

i.     The  authority  of  and  respect  for  courts  would 

be  lost. 
2.     The  independence  and  impartiality  of  judges 

would  be  destroyed. 

a.     Decisions    would   be    influenced   by   public 
sentiment. 

D.  It  would  decrease  rather  than  increase  the  control 

of  the  people   over  political  affairs. 

E.  The  people  are  not  competent  to  exercise  the  recall 

wisely. 

1.  They  have  not  had  the  necessary  legal  training. 

2.  They  could   not   and   would  not  inform  them- 

selves as  to  the  merits  of  the  cases. 

3.  It  would  be  difficult  to  ascertain  from  the  re- 

sults of  the  vote  what  the  real  decision  of 
the  people  was. 

F.  The  recall  of  judicial  decisions  is  inconsistent  with 

our  form  of  government. 

1.  It  is  not  republican. 

2.  It  substitutes  mob   rule   for  law. 

3.  It    exposes  the    people   to    the   tyranny   of   the 

majority. 


BIBLIOGRAPHY 

An   asterisk    (*)    preceding  a   reference  indicates   that   the    en- 
tire article  or  a  part  of  it  has  been  reprinted  in  this  volume. 

BIBLIOGRAPHIES 

American  Bar  Association.  Report  of  the  Committee  to  Op- 
pose the  Recall  of  Judges,  Frank  B.  Kellogg,  Chairman. 
August,  1912.  pp.  12-6. 

American  Bar  Association.  Report  of  the  Committee  to 
Oppose  the  Judicial  Recall,  pp.  15-26.  Rome  G.  Brown,  Chair- 
man, "Minneapolis,  Minn.  1913. 

Brown,  Rome   G.    Judicial   Recall — A   Fallacy   Repugnant  to 
Constitutional     Government.      Pub.     No.     689.     pp.     278-81. 
American  Academy  of  Political  and  Social  Science,  Phil- 
adelphia.   1912. 
See    also    United    States.      62d    Congress,    2d    Session.      Senate 

Doc.    No.    892. 

Bulletin  of  Bibliography.  7:5-8.  Ap.  '12.  Recall  of  Public 
Officials.  Charles  W.  Reeder. 

Central   Debating  League.    Recall    (Excluding  Judges),    pp. 
34-8.    Delta   Sigma   Rho,   University  of   Chicago   Chapter. 
1912. 
Contains     a    list    of    bibliographies     on     Commission     Plan     of 

Municipal  Government,   Initiative  and  Referendum  and  other  sub- 
jects in  which  the  Recall  is  involved. 

Indiana.  State  Library  Bulletin.  8:4.  Ja.  '13.  Recall  of  Ju- 
dicial Decisions;  Recall  of  Judges. 

Intercollegiate  Civic  League.  Bulletin  No.  13.  Suggested 
Topics  for  Debate,  1913.  pp.  4-6. 

Can  be  secured  from  Prof.  E.  M.  Sait,  Sec.,   Columbia  Univer- 
sity, New  York  City. 

Johnsen,  Julia  E.    Selected  Articles  on  the  Recall,    pp.  9-J3- 
The  H.  W.  Wilson  Company,  Minneapolis.    1911. 
Out   of  print. 

Kansas.  University  Extension  Division.  Bulletin.  Vol.  XIII. 
No.  18;  Debating  Series,  No.  4.  Debating  and  Public  Dis- 
cussion: Announcements  of  the  Kansas  High  School  De- 
bating League  for  I9i2-'i3.  pp.  53-7. 


xxii  BIBLIOGRAPHY 

Library  of  Congress.  Division  of  Bibliography.  Select  List 
of  References  on  the  Recall.  1912.  Typewritten. 

Library  of  Congress.  Division  of  Bibliography.  Select  List 
of  References  on  the  Recall  of  Judges.  1912.  Typewritten. 

Library  of  Congress.   Division   of   Bibliography.   Select   List 
of  References  on  the   Recall  of  Judicial   Decisions.    1912. 
Typewritten. 
Printed   in    Special   Libraries.    4:  59-60.    Ap.    '13. 

Mabie,  Edward  C,  and  White,  Leonard  D.,  ed.  Courts  and  So- 
cial Reform,  pp.  7-11.  Bibliography  on  Recall  of  Judicial 
Decisions.  The  H.  W.  Wilson  Co.,  Minneapolis,  Minn.  1913. 

THE  RECALL 

GENERAL  REFERENCES 

Books,  Pamphlets  and  Documents 

American  Yearbook.  1910.  pp.  151-2.  Recall.  D.  Appleton  & 
Co.,  New  York.  1911. 

American  Yearbook.  1912.  pp.  5,  6,  35,  58,  64-7.  232.  D.  Apple- 
ton  &  Co.,  New  York.  1913. 

Bancroft,  Hubert  H.  Retrospection :  Political  and  Personal,  pp. 
503-20.  The  Bancroft  Co.,  New  York.  1912. 

Beard,  Charles  A.  American  City  Government,  pp.  68-75. 
Century  Co.,  New  York.  1912. 

Beard,  Charles  A.,  and  Schultz,  Birl  E.  Documents  on  the 
State-Wide  Initiative,  Referendum  and  Recall,  pp.  242- 
73,  280-90.  The  Macmillan  Co.,  New  York.  1912. 

Bliss,  William  D.  P.,  ed.  New  Encyclopedia  of  Social  Re- 
form, p.  1050.  Recall.  Eltweed  Pomeroy.  Funk  &  Wag- 
nails  Co.,  New  York.  1908. 

Boston.  Finance  Commission.  Reports  and  Communications. 
Vol.  II.  p.  248.  City  Ptg.  Dept.,  Boston.  1909. 

Bourne,  Jonathan,  Jr.  Oregon  System  of  Popular  Govern- 
ment 6ip.  Govt.  Ptg.  Off.  1911. 

Bradford,  Ernest  S.  Commission  Government  in  American 
Cities.  Chap  XX.  The  Macmillan  Co.,  New  York.  1911. 

Britannica  Year-Book.  1913.  pp.  746-7,  769,  773,  776-7,  783, 
793,  798,  819,  823,  831,  844,  850,  866,  880,  914,  926-7,  932,  937. 
Encyclopedia  Britannica  Co.,  New  York.  1913. 


THE   RECALL  xxiii 

Central  Debating  League.  Recall   (Excluding  Judges).  Delta 
Sigma  Rho,   University  of  Chicago  Chapter.    1912. 
Constructive   and   rebuttal   speeches    of   the    representatives   of 

the  University  of  Chicago, -with  briefs  and  bibliography. 

Chicago.  Charter  Convention.  Digest  of  City  Charters.  1906. 
pp.  72-3- 

Clancy,  Frank  W.,  Fergusson,  H.  B.  and  Springer,  Frank. 
Constitution  of  New  Mexico :  Letters  and  Addresses.  82p. 
pa.  1910. 

Colorado  Springs.  City  Charter,  Framed  by  the  Charter  Con- 
vention, March  20,  1909.  Article  XIV.  Recall  of  Elective 
Officers. 

Commonwealth  Club  of  California.  Transactions.  6:  153-225. 
Jl.  'H.  Recall  Amendment.  Symposium. 

Des  Moines  Plan  of  City  Government.  38p.  pa.  City  Council. 
1911. 

Fort  Worth.  Charter  of  the  City  of  Fort  Worth,  Tarrant 
County,  Texas.  Sec.  135.  S.  H.  Taylor,  Printer,  Fort 
Worth.  1907. 

Hamilton,  John  J.  Dethronement  of  the  City  Boss.  pp.  38-9, 
209-12,  218-9.  Funk  &  Wagnalls  Co.,  New  York.  1910. 

Jones,  Chester  L.  Readings  on  Parties  and  Elections  in  the 
United  States,  pp.  351-4.  The  Macmillan  Co.,  New  York. 
1912. 

Munro,  William  B.  Government  of  American  Cities,  pp.  321- 
57.  The  Macmillan  Co.,  New  York.  1912. 

National  Conference  for  Good  City  Government.  Proceed- 
ings, 1908:  223-46.  Initiative,  Referendum  and  Recall  in 
American  Cities.  Robert  Treat  Paine,  Jr. 

National  Conference  for  Good  City  Government.  Proceed- 
ings, 1909:  108-9.  Recall.  Clinton  R.  Woodruff. 

National  Conference  for  Good  City  Government.  Proceed- 
ings, 1909:223-4.  Recall.  Ernest  S.  Bradford. 

National  Conference  for  Good  City  Government.  1909:326- 
33.  Recall  in  Los  Angeles.  Fielding  J.  Stilson. 

New   International   Year   Book.    1910.  pp.  622-3.   Recall. 

Oberholtzer,  Ellis  P.  Referendum  in  America.  New  ed.  with 
sup.  1900-1911.  Chap.  XVIII.  Charles  Scribner's  Sons,  New 
York.  1912. 

Reinsch,  Paul  S.    Readings  on  American  State  Government. 


xxiv  BIBLIOGRAPHY 

pp.    108-16.      Initiative,    the    Referendum    and    the    Recall. 

Margaret  A.  Schaffner.    Ginn  &  Co.,  Boston.    1911. 
Schaffner,    Margaret    A.     Recall.     Comparative    Legislation 

Bulletin.    No.   12.  2ip.    Wisconsin   Free  Library  Commis- 
sion,  Madison. 

Out   of  print. 
Smith,  James  A.  Spirit  of  American   Government:  A  Study 

of   the    Constitution ;    its    Origin,    Influence    and   Relation   to 

Democracy.    Macmillan  &  Co.,  New  York.    1907. 
United  States.    6ist  Congress,  2d  Session.    Senate  Doc.  No. 

603.    Code  of  the  People's  Rule.    Chap.  XVI.   pp.  130-2. 

See   also  Congressional   Record.    47:  Appendix   72. 
United  States.    62d   Congress,  2d  Session.    House   Doc.   No. 

863.    New  Constitution  for  Ohio.    Herbert  S.   Bigelow. 
Wilcox,   Delos   F.    American   City:    Problem  in    Democracy. 

pp.  271-2.    The   Macmillan   Co.,   New  York.    1904. 
Wilcox,  Delos  F.    Government  by  All  the  People.    Part  IV. 

The   Macmillan  Co.,    New  York.    1912. 

Magazine  Articles 

American  Lawyer.  14:  108-15.  Mr.  '06.  Election  Reforms; 
the  Trend  towards  Democracy.  J.  C.  Ruppenthal. 

American  Political  Science  Review.  2:32-42.  N.  '07.  Initiative, 
the  Referendum  and  the  Recall.  Margaret  A.  Schaffner. 

American  Political  Science  Review.  3:420-1.  Ag.  '09.  Recall. 
Margaret  A.  Schaffner. 

American  Political  Science  Review.  5:248-9.  My.  'n.  Recall 
in  California.  S.  Gale  Lowrie. 

*American  Political  Science  Review.  6:  41-53.  F.  '12.  Opera- 
tion of  the  Recall  in  Oregon.  James  D.  Barnett. 

Annals  of  the  American  Academy.  38:  833-8.  N.  '11.  Popular 
Control  under  the  Recall.  H.  S.  Gilbertson. 

*Annals  of  the  American  Academy.  43:216-26.  S.  '12.  Re- 
call— Its  Provisions  and  Significance.  H.  S.  Gilbertson. 

Annals  of  the  American  Academy.  43:227-36.  S.  '12.  Work- 
ing of  the  Recall  in  Seattle.  Fred  W.  Catlett. 

Arena.  28:470.  N.  '02.  Needed  Political  Reforms.  Eltweed 
Pomeroy. 

Arena.    33:51-2.  Ja.  '05.   Really   Masters.   Eltweed   Pomeroy. 

Arena.  36:  45-6.  Jl.  '06.   Recall.    Eltweed  Pomeroy. 


THE  RECALL  xx\r 

Arena.  41 :  353-7-  Mr.  '09.  City's  Struggle  for  Political  and 
Moral  Freedom.  John  D.  Works. 

Case    and    Comment.    18:306-7.    N.    'n.    Issues    of    Reform, 
Woodrow  Wilson. 
In  favor  of  Recall  but  opposed  to  it  as  applied  to  judges. 

City  Hall.  10:  343-4.  Ap.  '09.  Three  Mayors  in  Three  Weeks. 

City  Hall.  10:383-4.  My.  '09.  Recall  is  Spreading. 

City  Hall.  12:173-4.  O.  'IQ.  Recall. 

Congressional  Record.  47:  Appendix  69.  California  Senate 
Constitutional  Amendment,  No.  23:  Text  of  Recall  Amend- 
ment. 

Dallas  News.  Mr.  23-Ap.  30,  '11.  Initiative,  Referendum  and 
Recall.   Otto   Praeger. 
Same.      Congressional    Record.     47:  1464-72.    Miy.    22,    '11. 

Equity  Series.  9:4-6.  Jl.  '07.  Recall  in  Los  Angeles.  John 
R.  Haynes. 

Everybody's.  25:548-50.  O.  'n.  Watch  Commission  Govern- 
ment Grow.  William  Daly,  Jr. 

Gree'n  Bag.  23:634-6.  D.  'n.  Adoption  of  the  Recall  in  Cali- 
fornia. 

Independent.  58:69-71.  Ja.  12,  '05.  First  Discharge  of  a  Pub- 
lic Servant.  Eltweed  Pomeroy. 

Independent.  68:  1374-8.  Je.  23,  '10.  Oregon's  Struggle  for 
Purity  in  Politics.  Jonathan  Bourne,  Jr. 

Independent.  70:1135;  71:384-5.  Je.  i;  Ag.  17,  '11.  Recall  of 
Judges. 

Independent.  74:  160-1.  Ja.  16,  '13.  Recall  in  Action. 

La  Follette's.  2:7-8,   17.  N.   12,  '10.  Recall  in  Action. 

Literary  Digest.  43:  303-4.  Ag.  26,  'n.  Big  Stick  and  the 
Recall. 

McClure's.  37:647-63.  O.  'u.  Recall  in  Seattle.  Burton  J. 
Hendrick. 

Michigan  Law  Review.  10:  79-92.  D.  'n.  Recall  and  the  Po- 
litical Responsibility  of  Judges.  W.  F.  Dodd. 

National  Municipal  Review.  1:586-602.  O.  '12.  Actual  Work- 
ings of  the  Initiative,  Referendum  and  Recall.  John  R. 
Haynes. 

National  and  Municipal  Review.  1:659-61.  O.  '12.  Learning 
to  Use  the  Recall.  Edward  F.  Mason. 


BIBLIOGRAPHY 

Outlook.  78:  472.  O.  22,  '04.  Political  Experiment.  Charles 
D.  Willard. 

Outlook.  89:831-2.   Ag.    15,   '08.   Experiments   in   Democracy. 

Outlook.  91 :  757-8.  Ap.  3,  '09.  Housecleaning  in  Los  Angeles. 

Outlook.  96:  148-9.   S.   24,  '10.   Dallas    Recall   Election. 

Outlook.  96:321-30.  O.  8,  '10.  Popular  Government  in  Ore- 
gon. Jonathan  Bourne,  Jr. 

Outlook.  97:295.  F.  n,  *ii.  Seattle  Recall. 

*Outlook.  97:375*-6.*  F.  25,  'n.  Recall  in  Seattle. 

Outlook.  97:947.  Ap.  29,  '11.  Mayor  Seymour  of  Tacoma. 

*Outlook.  98:697-8.  Jl.  29,  '11.  Recall  in  Texas. 

Public.  12:513.  My".  28,  '09.  Use  of  the  Recall. 

Puolic.  14:  151-2.  F.   17,  'n.  Recall  in  Seattle.  Joe  Smith. 

Public.    14:488-9.  Recall  in  Tacoma.  Joe   Smith. 

Survey.  25:879.  F.  25,  '11.  Recall  of  the  Seattle  Mayor. 

*Yale  Review.  18:  206-9.  Ag.  '09.  Recall.  Margaret  M.  Schaff- 
ner. 

AFFIRMATIVE  REFERENCES 

Books,  Pamphlets  and  Documents 

Beard,  Charles  A.  Loose  Leaf  Digest  of  Short  Ballot  Char- 
ters, pp.  21801-5.  Practice  of  the  Recall.  H.  S.  Gilbertson. 
Short  Ballot  Organization,  New  York.  1911. 

Bourne,    Jonathan,    Jr.    Popular    v.    Delegated    Government: 
Speech  in  the  Senate  of  the  United  States,  May  5,  1910. 
Govt.  Ptg.   Off.    1910. 
Same.     Congressional    Record.     45:  5823-30.    My.    5,    '10;    United 

States.    61st  Congress,    2d   Session.    Senate    Doc.    No.   524;    Reinsch, 

Paul  S.   Readings  on  American   State  Government,     pp.   84-108. 

Bourne,  Jonathan,  Jr.   Recall  of  Public  Servants:   Speech  in 
the   Senate   of   the   United   States,   August   5,    1911.    Govt. 
Ptg.  Off.    1911. 
Same.    Congressional   Record.    47:  3633-43.    Ag.    5,    '11. 

Illinois  State  Bar  Association.  Proceedings,  1911:443-59. 
Oregon's  Experiments  in  Self  Government.  Clarence  T. 
Wilson. 

^National  Conference  for  Good  City  Government.  Proceed- 
ings, 1905:  164-6.  Municipal  Progress  in  Los  Angeles. 
Charles  D.  Willard. 

National  Conference  for  Good  City  Government.  Proceed- 
ings, 1905:384.  Recall:  An  Experiment. 


THE  RECALL  xxvii 

National  Conference  for  Good  City  Government.  Proceed- 
ings, 1906:  382-7.  Recall  as  a  Measure  of  Control  by  the 
People.  Thomas  A.  Davis. 

Pennsylvania  Bar  Association.  Report.  18:218-34-  '12.  Special 
Committee  on  Initiative,  Referendum  and  Recall:  Mi- 
nority Report.  Edward  E.  Kiernan. 

United  States.  62d  Congress,  2d  Session.  Senate  Doc.  No. 
897.  New  Dangers  to  Majority  Rule:  Address,  March  6, 
1912.  Judson  King. 

Magazine  Articles 

*Annals    of   the   American   Academy.   43:3-16.    S.    '12.    Func- 
tions of  the  Initiative,  Referendum  and  Recall.    Jonathan 
Bourne,  Jr. 
Also  deals  with  Recall  of  judges. 

*Annals  of  the  American  Academy.  43:  17-31.  S.  '12.  Initia- 
tive, Referendum  and  Recall.  George  W.  Guthrie! 

Annals    of   the    American   Academy.    43:65-7.    S.    '12.    Direct 
Legislation   and   the   Recall.   Henry  J.   Ford. 
Says    the    Recall    principle    is    constitutional    but    it    would    be 

liable  to  go  astray  if  applied  to  judges  by  popular  petition. 

Arena.   41 : 494-5.   Jl.   '09.   Roger   Sherman   Hoar   on   the   Re- 
call. 
Same.    Equity  Series.     11:  79-80.    Jl.   '09. 

Atlantic  Monthly.  109:  122-31.  Ja.  '12.  Initiative,  Referendum 
and    Recall.   Jonathan    Bourne,   Jr. 
Same.    United  States.     62d   Congress,   2d  Session.     Senate  Doc. 

No.    302. 

Case  and  Comment.  18:  293-8.  N.  'n.  Initiative,  Referendum, 
Recall.  Jonathan  Bourne,  Jr. 

Chautauquan.  41:199.    My.  '05.   Recall  in  American   Politics. 

Everybody's.  23:719-20.  N.  '10.  Popular  Government  vs. 
Delegated  Government.  Robert  L.  Owen. 

Georgetown  Law  Journal.  1:1-12.  Ja.  '13.  Recall  of  Judicial 
Decisions.  Daniel  W.  Baker. 

Independent.  70:  1075-6.  My.  18,  'n.  Checks  and  Balances. 

Munsey.  46:329-34.  D.  '11.  Initiative,  Referendum  and  Re- 
call. Judson  C.  Welliver. 

*Munsey.  47:  184-6.  My.  '12.  Plain  Talk  about  the  Recall. 
Frank  A.  Munsey. 

Public.  14:826-7.  Ag.  n,  '11.  American  Origin  of  the  Recall. 
J.  W.  Dutton. 


BIBLIOGRAPHY 

NEGATIVE  REFERENCES 
Books,  Pamphlets  and  Documents 

Alabama    State    Bar    Association.     Proceedings,    1912:    192-209. 

Pending    Revolution.    Alfred    P.    Thorn. 

Same.     United   States.     62d  Congress,   2d  Session.     Senate  Doc. 
No.   883. 

*Butler,  Nicholas  M.  Why  Should  We  Change  Our  Form  of 
Government?  Chas.  Scribner's  Sons,  New  York.  1912. 
Same.  United  States.  62d  Congress,  2d  Session.  Senate  Doc. 

No.   238. 

Eastman,  Sidney  C.  Thoughts  Suggested  by  Recent  Attacks 
on  Representative  Government.  i6p.  pa.  1912. 

Hay,  Eugene  G.  American  Democracy:  Address  at  Summit, 
N.  J.  May  30,  1912. 

Holman,  Frederick  V.  Address  before  the  Oregon  Bar  As- 
sociation, November  15,  1910. 

James,  Francis  B.  Which  Charter?  3ip.  Trade  and  Trans- 
portation Bureau,  Washington,  D.  C.  1912. 

National  Conference  for  Good  City  Government.  Proceed- 
ings, 1905:  31-2.  Recall.  G.  L.  Fox. 

O'Neal,  Emmet.  Representative  Government  and  the  Com- 
mon Law:  Address  before  the  Chamber  of  Commerce  of 
the  State  of  New  York,  November  16,  1911.  i6p.  pa. 

Sutherland,  George.  Government  by  Ballot;  Arizona  Consti- 
tution— Initiative,  Referendum  and  Recall:  Speech  in  the 
Senate  of  the  United  States,  July  n,   1911.  3ip.  pa. 
Same.     Congressional   Record.     47:  2793-803.     Jl.    11,    '11, 

*Tawney,  James  A.  Proposed  Reforms  of  the  So-Called  Pro- 
gressives:  Address  before  the   Minnesota  Bankers  Asso- 
ciation,  June   21,    1911. 
Same.    Congressional  Record.    47:  4231-4.    Ag.   19,  '11. 

United  States.  62d  Congress,  3d  Session.  Senate  Doc.  No. 
993.  What  is  Progress  in  Politics:  Address  before  Com- 
mercial Club,  Chicago,  December  14,  1912.  Nicholas  M. 
Butler. 

United   States.   62d   Congress,    3d   Session.   Senate    Doc.    No. 
1108.   30p.     Constitution   of   the   United    States:     Its   Friends 
and  Foes.    Franklin  W.  Collins. 
Also   deals  with  the  Judicial  Recall. 

United  States.  63d  Congress,  ist  Session.  Senate  Doc. 
No.  18.  Democracy  of  Abraham  Lincoln:  Address  before 


RECALL  OF  JUDGES  xxix 

Boston  University  School  of  Law,  March  14,  1913.  Henry 

C.   Lodge. 
Young,     N.     C.      Initiative,     Referendum    and    Recall :     Speech 

before  the  North  Dakota  State  Bar  Association,  Septem- 
ber 3,   1912.     27p.  pa. 

Also  deals  with  the  Recall  of  Judges. 
Young,  N.  C.     Shall  We  Change  Our  Plan  of  Government? 

i6p.    pa. 

Same.     United   States.     62d  Congress,   2d   Session.     Senate  Doc. 
No.    865. 

Magazine  Articles 

*Ameiican   City.  4:275.  Je.  'n.   Menace  of  the   Recall. 

*Atlantic  Monthly.  108:454-66.  O.  'n.  Representative  as 
Against  Direct  Government.  Samuel  W.  McCall. 

Case  and  Comment.   18:301-5.  N.  'n.  Initiative,  Referendum, 
Recall:    the    Great   Trinity    of    Modern    Errors:    Address 
in   the   House   of   Representatives.    May  23,    1911.   Martin 
W.    Littleton. 
Same.    Congressional  Record.    47:  1501-5.    May  23,  1911. 

Case  and  Comment.  18:319-23.  N.  'n.  Direct  Legislation 
Revolutionary.  Ralph  R.  Duniway. 

Central  Law  Journal.  75:315-6.  O.  25,  '12.  Recall  as  a  Dis- 
carded Political  Contrivance.  J.  W.  Kelley. 

Law  Notes.  15:81-2.  Ag.  'n.  Constitutional  Recall  in  Oregon. 

Lawyer  and  Banker.  5:145-51.  Ap.  '12.'  Recall  Procedure 
Article  of  the  Constitution  of  the  State  of  California: 
Challenge.  John  Currey. 

Lawyer   and    Banker.   4:176-7.   Je.   'n.    Recall. 

Lawyer  and  Banker.  5:268-71.  Ag.  '12.  Recall  and  the  Re- 
trogressives. 

^Minneapolis  Journal.  O.  12,  'n.  Recall  Condemned.  Arch- 
bishop Ireland. 

RECALL  OF  JUDGES 

GENERAL  REFERENCES 
Books,  Pamphlets  and  Documents 

^American  Bar  Association.  Report  of  the  Committee  to  Oppose 
the  Judicial  Recall.  1913.  26p.  pa.  Rome  G.  Brown,  Chair- 
man, Minneapolis,  Minn. 


xxx  BIBLIOGRAPHY 

American  Judicial  System:  Symposium.  Judges,  Henry  D. 
Estabrook;  Lawyers,  Joseph  C.  France;  Procedure, 
Frederick  N.  Judson.  Speeches  before  the  American  Bar 
Association,  Milwaukee,  August  29,  1912.  37p.  pa. 

Andrews,  Alexander  B.,  Jr.  Has  Your  State  Sufficient  Judges? 
Reprinted  from  University  of  Pennsylvania.  Law  Review, 

June,    1912. 

Arizona.  Minutes  of  the  Constitutional  Convention.  1910. 
Recall.  Propositions  Nos.  18,  24,  79.  Phoenix  Ptg.  Co., 
Phoenix,  Arizona. 

Baker,  Fred  A.  Fundamental  Law  and  the  Power  of  the 
Judiciary  to  Enforce  it.  29p.  pa. 

Commonwealth  Club  of  California.  Transactions.  6:153- 
225.  Jl.  'n.  Recall  Amendment:  Symposium. 

Gary,  Eugene  B.  Legal  Ethics:  Address  before  the  South 
Carolina  Bar  Association,  January  25,  1912.  22p.  pa. 

Humphreys,  Benjamin  G.  New  Mexico  and  Arizona — Re- 
call of  Judges:  Speech  in  the  House  of  Representatives, 
May  19,  1911.  24?.  pa.  Govt.  Ptg.  Off.  1911. 

Judson,  Frederick  N.  Judiciary  and  the  People.  Yale  University 
Press,  New  Haven.  1913. 

A  very,  concise,   clear  and  interesting  statement  of  the  consti- 
tutional  questions   involved    in    the   Judicial   Recall.     Valuable   for 

first    reading. 

Keasbey,  Edward  I.  Courts  and  the  New  Social  Questions: 
Address  before  Maryland  State  Bar  Association.  June 
29,  1911. 

Ransom,    William    L.      Majority    Rule    and    the    Judiciary. 
Charles    Scribner's    Sons,    New    York.    1912. 
Introduction  by  Theodore   Roosevelt. 

Reinsch,  Paul  S.  Readings  on  American  State  Government, 
pp.  173-81.  Delays  and  Defects  in  the  Enforcement  of 
Law.  William  H.  Taft;  pp.  191-9.  Crime  and  Judicial 
Inefficiency.  James  W.  Garner.  Ginn  &  Co.,  Boston, 
1911. 

Storey,  Moorfield.  Reform  of  Legal  Procedure.  Yale  Uni- 
versity Press,  New  Haven.  1912. 

United  States.  6ist  Congress,  3d  Session.  House  Doc.  No. 
1423,  Constitution  of  Arizona,  pp.  21-2.  Govt.  Ptg.  Off. 
1911. 

United    States.     62d   Congress,    1st   Session.      House   Report 


RECALL  OF  JUDGES  xxxi 

No.    33.      Constitutions    of    New    Mexico    and    Arizona: 
Report  to  Accompany  H.  J.  Res.  14. 
See  also  Congressional  Record.    47:  1234-5.    My.  16,   '11. 
United  States.     62d  Congress,  2d  Session.     Senate  Doc.  No. 
440.     Labor's  Reasons  for  the  Enactment  of  the  Wilson 
Anti-Injunction   Bill.     Samuel   Gompers. 

Magazine  ^Articles 

Arena.     37:141-54.  F.  '07.     Constitutional  Changes  Demanded 

to  Bulwark  Democratic  Government.     Walter  Clark. 
Arena.     38:479-81.      N.   '07.     Aaron's   Rod;    or,    Government 

by    Federal    Judges.      Walter    Clark. 
^Atlantic  Monthly.   109:452-64.  Ap.   '11.    Nullifying  the  Law 

by  Judicial   Interpretation.      Harrison   S.   Smalley. 
Atlantic  Monthly.     108:656-66.  N.  Jn.  Criticizing  the  Courts. 

George  W.  Alger. 

Central  Law  Journal.     74:380-1.     My.  24,  '12.     Back  to  Mar- 
shall— a   Protest   against  a   Revival  of   Exploded  Judicial 

Fallacies. 
Chautauquan.  64:  158-9.     O.  '11.     Statehood  and  the  Judicial 

Recall. 
Chicago  Legal  News.     44:276.     Ap.  6,  '12.     Recall  of  Judges 

and  Judicial  Decisions.     Donald   L.  Morrill. 
Collier's.      48:11-2.      D.    30,    'n.      Extravagant    Cost    of    the 

Law.      Carl    Snyder. 
Congressional    Record.      Vol.    47.      See    Index    for    Debates 

on  H.  J.  Res.  Nos.  14  and  156  and  S.  J.  Res.  57,  to  Admit 

Arizona  and  New  Mexico  as  States  into  the  Union. 
Current  Literature.  51  :24O-5.  S.  '11.   Cry  of  Judicial  Despotism. 
Everybody's.     26:146-60,    291-306,   439-53,    659-72,   827-41;    27: 

116-28.      F.-J1.    '12.      Big    Business    and    the    Bench.      P. 

Connolly. 
Green  Bag.    24:246-50.     My.  '12.    Activity  of  the  Illinois  Bar 

Association  in  Procedural  Reform. 
Harvard    Law    Review.     24:591-619;    25:140-68,   489-516.     Je. 

'11;   D.  Jn;  Ap.  '12.     Scope  and  Purpose  of  Sociological 

Jurisprudence.      Roscoe    Pound. 

Printed  also  as  a  pamphlet  by  the  Harvard  Law  Review  As- 
sociation,  Cambridge.    1912. 

Independent.     70:1135.     Je.  I,  'n.     Recall  of  Judges. 


xxxii  BIBLIOGRAPHY 

Independent.  74:  1014-5.   My.   8,   '13.   First  Judicial  Recall. 

Lawyer  and  Banker.  4:278-9.  Ag.  'n.  Recall  of  the  Judiciary. 

Lawyer  and  Banker.     4:283-5.     O.  'n.     Taft  vs.  the  Consti- 
tution. 

Literary  Digest.     42:  1086-7.     Je.  3,  'n.     Recalling  the  Recall: 
Symposium. 

Literary  Digest.  46 :  1048.  My.  10,  '13.  Judge  Ousted  by  Women's 
Votes. 

*Minneapolis    Tribune.      F.    21,    '13.      Debate    on    Recall    of 
the  Judiciary.     James  Manahan  and  Rome  G.  Brown. 

National  Corporation  Reporter.    42:445.    My.  n,  '11.     Recall 
of  Judges. 

National   Corporation   Reporter.     43:894.     F.  8,   '12.     Recall 
in    Oregon. 

Ohio  Law  Bulletin.     56:350-3.     O.  23,  'n.     Recall  of  Judges. 
George   F.   Pendelton. 

Ohio  Law  Bulletin.     57:200-1.     My.  6,  '12.     Recalls:  Criticis- 
ing Some  Criticisms. 

Outlook.     89:832-4.     Ag.   15,  '08.     Law's   Delays. 

Outlook.  91 :  283-5.  F.  6,  '09.    Criticism  of  the  Judiciary. 

Outlook.     98:601.     Jl.  22,  'n.     Bench  and  Bar. 

Outlook.    100:390-402.    F.   24,   '12.    Charter   of   Democracy.   The- 
odore Roosevelt. 
See    also    United    States.     62d    Congress,    2d    Session.       Senate 

Doc.   No.    348. 

Outlook.      102.     250-4.      O.    5,    '12.     Judges    and    the    Plain 

People. 
Political  Science  Quarterly.     26:238-70.    Je.  'u.     Government 

by  Judiciary.     Louis  B.  Boudin. 

Shows  how  the  courts  have  gradually  assumed  and  are  freely 
exercising  legislative  powers. 

Public.     14:1235-6.     D.  8,  '11.     Recall  of  Judges. 

Public.     15:553-4.     Je.   14,  '12.     Advisory  Recall  for  Federal 

Judges. 
Review    of    Reviews.      45:395-6.      Ap.    '12.      What    of    the 

Recall? 
Searchlight,   April,    1913.      Contains    several    articles    on   the 

Judicial    Recall. 
Survey.      24:773-80.      S.    3,    '10.      Changing    Attitude    of    the 

Courts  towards    Social    Legislation.      Louis   M.    Greeley. 


RECALL  OF  JUDGES  xxxiii 

Survey.      27:1891-6.      Mr.    9,    '12.      Another    Bad    Decision. 

Edward   T.   Devine. 
Yale   Law   Journal.     22:1^-29.      N.    '12.      Social   Justice   and 

the  Courts.     Theodore  Schroeder. 

AFFIRMATIVE  REFERENCES 
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Bancroft,  Hubert  H.     Retrospection:   Political  and  Personal. 

PP.  503-20.     The  Bancroft   Co.,   New   York.     1912. 
^Illinois    State    Bar   Association.      Proceedings,    1912:174-89. 

Recall  of  Judges.     R.  M.  Wanamaker. 

Same.  Chicago  Legal  News.  44:  321-4.  My.  18,  '12;  Central 
Law  Journal.  75:  28-33.  Jl.  12,  '12;  Missouri  Bar  Association.  Pro- 
ceedings, 1912:  147-631. 

Manahan,    James.      Recall    of    Judges:    Address    before    the 
Minnesota   State   Bar  Association,   Duluth,  July   19,    1911. 
2ip.    pa.    Minneapolis. 
Same.    United   States.     62d   Congress,    2d   Session.     Senate  Doc. 

No.   941. 

Martin,  John  A.     Veto  and  the  Recall:  Speech  in  the  House 

of  Representatives  of  the  United  States,  August  19,  1911. 

8p.  pa.   Govt.   Ptg.   Off.   1911. 
*Owen,   Robert  L.     Election  and  Recall  of  Federal  Judges. 

i6p.  pa.  50.     Supt.  of  doc.  1911. 

Same.  United  States.  62d  Congress,  1st  Session.  Senate  Doc. 
No.  99. 

Poindexter,  Miles.     New  Mexico  and  Arizona:  Speech  in  the 
Senate  of  the  United  States,  August  7,  1911.     Govt.  Ptg. 
Off.  1911. 
Same.      Congressional    Record.     47:  3671-81.    Ag.'    7,    '11. 

Roe,  Gilbert  E.     Our  Judicial  Oligarchy.     B.   Huebsch,  New 
York.      1912. 

United  States.     62d  Congress,  2d  Session.     Senate  Doc.  No. 
249.     Judicial  Recall.     Robert  L.  Owen. 

*Walsh,  T.  J.     Recall  of  Judges:  Address  before  the  Wash- 
ington   State    Bar    Association,    Spokane,    July    28,    1911. 
i8p.  pa.     Blankenship-Lee   Printing  Co.,   Olympia. 
Same.     Congressional   Record.    47:  4137-40.     Ag.    18,    '11;    United 

States.    62d  Congress,  1st  Session.    Senate  Doc.  No.  100. 

Wilcox,   Delos   F.     Government  by  All   the   People.     Chap. 
XXVII.    The   Macmillan   Co., 'New  York.    1912. 


xxxiv  BIBLIOGRAPHY 

Magazine  Articles 

*Academy  of   Political    Science    (N.   Y.).    Proceedings.   3:141-6. 

Ja.  '13.  Recall  of  Judges.  Gilbert  E.  Roe. 
Annals    of    the    American    Academy.      43:286-310.      S.    '12. 

Position  of  the  Judiciary  in  the  United  States.    A.  Henry 

Snow. 
Case  and   Comment.     18:314-8.     N.   '11.     Should  Judges   Be 

Excepted   from   Recall?     T.   J.    Walsh. 
Case  and   Comment.     18:  678.     Ap.   '12.     Recall   in  Arizona. 

George   W.    Harben. 
Central    Law    Journal.    73:239-41.    'n.    Recall    of    Judges — Lack 

of  a   Precedent.   James   M.   Kerr. 
Central  Law  Journal.     75:33-5-     Jl.   12,  '12.     Pontius   Pilate 

Judgment  and  Recall.     Robert  L.  Owen. 
Chicago  Legal   News.     44:106-8.     N.   n,  '11.     Recall  of  the 

Judges.      F.    B.    Wilkins. 

Same.    Law  Students'  Helper.    19:  329-34.    N.  '11. 
Chicago    Legal    News.      44:  274-6.      Ap.    6,    '12.       Recall    of 

Judges.    Arthur  Eddy. 

Same.     Docket  No.   34:  816-21.     N.   '12;    Ohio  Law  Bulletin.    57: 
168-73.     Ap.    22,    '12. 

Congressional  Record.  47:  Appendix  63-72.  New  Mexico 
and  Arizona:  Speech  in  the  House  of  Representatives. 
May  22,  1911.  John  E.  Raker. 

Contains  text  of  the  Recall  amendment  to  the  Constitution  of 
California,     p.    69. 

Congressional  Record.  47:309-19.  Ap.  17,  '11.  Constitu- 
tions of  New  Mexico  and  Arizona.  George  E.  Chamber- 
lain. 

Text  is  given  of  the  Recall  provisions  of  the  proposed  Arizona 
constitution. 

Editorial  Review.  5:983-92.  N.  'n.  Recall  of  Judges. 
Miles  Poindexter. 

Same.    United   States.    62d   Congress,    2d   Session.     Senate   Doc. 
No.  472. 

*Forum.  47:  157-68.  F.  '12.  Democracy  and  the  Recall. 
Gwendolen  Overton. 

National  Corporation  Reporter.  43:9-10.  Ag.  17,  Jn.  Re- 
call of  Judges. 

National  Corporation  Reporter.  43:245.  O.  5,  'n.  Recall  Again. 

Outlook.     91:563-5.     Mr.   13,   '09.     Judicial   Experience. 


RECALL  OF  JUDGES  xxxv 

Outlook.  98:378-9.  Je.  24,  'u.  Arizona  and  the  Recall 
of  the  Judiciary.  Theodore  Roosevelt. 

Outlook.      99:95.      S.    9,    'n.      Judicial    Recall. 

Outlook.  100:40-8.  Ja.  6,  '12.  Judges  and  Progress.  Theo- 
dore Roosevelt. 

Public.  14:  146-7,  482-3,  629-30,  817-8,  867.  F.  17;  My.  26; 
Jl.  7;  Ag.  ii ;  Ag.  25,  '11.  Recall  of  Judges. 

Public.  14:  1069-70.  O.  20,  'n.  Reasons  for  the  Recall. 
R.  W.  Barkley. 

Public.  15:125-6.  F.  9,  '12.  Recall  of  Judges.  Herbert  S. 
Swan. 

Twentieth  Century.  4:250-4.  Je.  'IT.  Recall  of  the  Judici- 
ary. Ralph  W.  Crosman. 

Twentieth  Century  Magazine.  4:551-2.  S.  'n.  President 
Taft  and  the  Arizona  Statehood  Veto. 

Yale  Law  Journal.  21:655-8  Je  '12.  Recall  of  Judges. 
Robert  L.  Owen. 

NEGATIVE  REFERENCES 
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Alabama  State  Bar  Association.  Proceedings,  1912:  192-209. 
Pending  Revolution.  Alfred  P.  Thorn. 

*American   Bar   Association.      Report   of   the    Committee    to 
Oppose  the  Recall  of  Judges:   Frank  B.  Kellogg,   Chair- 
man.    August,   1912.     i6p. 
Same.     American  Bar  Association.    Report,   1912:  574-89. 

Baker,    Fred   A.     Initiative   and    Referendum    and    Recall   of 
Judges  Criticized  and  Condemned.     2op.  pa.     F.  A.  Baker, 
Detroit,  Mich.     1913. 
S'ent  free   on   request. 

Borah,  William  E.     Admission  of  New  Mexico  and  Arizona 
—Recall  of  Judges:   Speech   in  the   Senate  of  the   United 
States,  August  7,  1911.     32p.  pa.     Govt.  Ptg.   Off.   1911. 
Same.     Congressional   Record.     47:  3681-8.     Ag.    7,    '11. 

Brown,  Frederick  V.  Recall  of  Judges:  Address  before  the 
Washington  State  Bar  Association.  July  3o-August  I, 
1912.  Effenbee  Pub.  Co.,  Olympia,  Wash. 

Brown,  Hugh  H.  Current  Politics  and  Civic  Duty:  Com- 
mencement Address  at  University  of  Nevada,  May  15, 
1912.  i2p.  pa. 


xxxvi  BIBLIOGRAPHY 

Brown,  Rome  G.  Judiciary  as  the  Servant  of  the  People :  Ad- 
dress before  Tennessee  State  Bar  Assn.,  Memphis,  June  26, 
1913.  29p.  pa.  Rome  G.  Brown,  Minneapolis,  Minn. 

*Brown,  Rome  G.     Recall  of  Judges:  Arguments  in  Opposi- 
tion:   Presented    before    the    Minnesota    Bar   Association, 
Duluth,   Minn.     July  19,  1911. 
Same.    United  States.     62d   Congress,   2d  Session.     Senate  Doc. 

No.   649;   Minnesota  State  Bar  Association.     Proceedings.    1911:  86- 

112. 

California  Bar  Association.  Proceedings,  1910:38-49.  Inde- 
pendent Judiciary:  Address  before  the  California  Bar 
Association,  Los  Angeles,  December  6,  1910.  Oscar  A. 
Trippet. 

Farrar,  Edgar  H.  Address  before  the  American  Bar  Asso- 
ciation, August  30,  1911.  pp.  3-4. 

Gardner,  Augustus  P.  Recall  of  Judges  and  Judicial  Deci- 
sions: Speech  in  the  House  of  Representatives,  April 
4,  1912. 

Same.     Congressional    Record.     48:  4530-7.     (current.)     April    4, 
1912. 

Illinois    State    Bar    Association.      Proceedings,    1912:  190-203. 
Recall  of  Judges.     James  H.  Wilkerson. 
Same.    Chicago  Legal  News.    44:  324,   326-8.    My.  18,   '12. 

Iowa  State  Bar  Association.  Proceedings,  1912:68-96.  Judi- 
cial Recall.  C.  G.  Saunders. 

Kentucky  State  Bar  Association.  Proceedings,  1912:  104- 
33.  New  Nationalism  and  New  Statehood.  John  M. 
Harlan. 

Nevada  Bar  Association.  Proceedings,  1912:  147-56.  Judi- 
cial Reforms,  Other  Remedies  than  the  Recall.  A.  E. 
Cheny. 

New  York  State  Bar  Association.  Proceedings.  35:544-8. 
1912.  Address.  William  H.  Taft. 

Ohio  State  Bar  Association.     Proceedings,  1912:65-89.     Judi- 
cial Recall.     Frank  B.  Kellogg. 
Same.     Ohio   Law   Reporter.     10:  225-45.     Jl.    22,    '12;    Ohio    Law 

Bulletin.     57:  320-30.     Jl.    29,    '12. 

New  York  State  Bar  Association.  Report  of  the  Committee 
of  Fifteen.  Recall  of  Judges  and  Judicial  Decisions,  up. 

O'Neal,  Emmet.  Strengthening  the  Power  of  the  Execu- 
tive: Address  at  the  Governors'  Conference,  N.  J.,  Sep- 
tember 12,  1911.  Brown  Printing  Co.,  Montgomery,  Ala. 
1911. 


RECALL  OF  JUDGES  xxxvii 

Pennsylvania    State    Bar    Association.      Proceedings,    1912: 
331-64.     Constitutional   Morality.     William  D.   Guthrie. 
Same.     North    American   Review.     196:     154-73.     Ag\    '12. 

South  Carolina  Bar  Association.  Transactions,  1912:95-113. 
President's  Annual  Address.  Alton  B.  Parker. 

Shepard,  Charles  E.  Recall  of  Judges  and  Judicial  Deci- 
sions: Address  before  the  Seattle  Bar  Association.  June 
26,  1912.  pp.  i-n. 

Sutherland,  George.  Courts  and  the  Constitution:  Presented 
at  the  Meeting  of  the  American  Bar  Association,  August, 
1912.  22p.  pa. 

Same.  United  States.  62d  Congress,  3d  Session.  Senate  Doc. 
No.  970. 

Taft,  William  H.  and  Root,  Elihu.  Addresses  Delivered  at 
the  Annual  Meeting  of  the  New  York  State  Bar  Asso- 
ciation, January  19  and  20,  1912. 

Reprinted  from  the  Thirty-fifth  Annual  Report  of  the  Pro- 
ceedings of  the  New  York  State  Bar  Association,  pp.  17-35.  Ju- 
dicial Decisions  and  Public  Feeling.  Elihu  Root. 

United  States.     62d  Congress,  ist  Session.     House  Doc.  No. 
106.      Special    Message   of   President    Taft   on   Admission 
of    New    Mexico    and    Arizona,    Returning    without    Ap- 
proval House  Joint  Resolution  14.     August  15,  '11. 
Same.     Congressional  Record.     47:  3964-6.   Ag-.    15,    '11. 

United  States.  62d  Congress,  2d  Session.  Senate  Doc.  No. 
344.  New  Despotism:  Address  before  the  New  York 
County  Lawyers'  Association.  February  17,  1912.  Wen- 
dell P.  Stafford. 

United  States.  62d  Congress,  2d  Session.  Senate  Doc.  No. 
406.  Compulsory  Initiative,  Referendum  and  Recall  of 
Judges.  Henry  C.  Lodge. 

United  States.  62d  Congress,  2d  Session.  Senate  Doc.  No. 
408.  Judiciary  and  Progress:  Address  at  Toledo,  March 
8,  1912.  William  H.  Taft. 

United  States.  62d  Congress,  2d  Session.  Senate  Doc.  No. 
445.  Speech  before  Ohio  Constitutional  Convention, 
March  14,  1912.  J.  B.  Foraker. 

United  States.  62d  Congress,  2d  Session.  Senate  Doc.  No. 
452.  Address  at  the  Banquet  of  the  Swedish-American 
Republican  League,  Chicago,  March  9,  1912.  William 
H.  Taft.  pp.  13-4.  Independence  of  the  Judiciary. 


xxxviii  BIBLIOGRAPHY 

United  States.     62d  Congress,  2d  Session.     Senate  Doc.  No. 

723.  Recall  of  Judges.     John  H.  Hazelton. 
United  States.     62d  Congress,  3d  Session.     Senate  Doc.  No. 

983.       Is     Our     Representative     Government     Imperiled? 

Francis   T.   A.  Junkin. 
United  States.     62d  Congress,  3d  Session.     Senate  Doc.  No. 

1095.      Constitution,    the    Court   and   the    People.      Ralph 

W.   Breckenridge. 

Reprinted  from    the   Yale   Law    Journal,    January,    1913. 

Magazine  Articles. 

*Academy  of  Political  Science  (N.  Y.).  Proceedings.  3: 
147-56.  Ja.  '13.  Substitutes  for  the  Recall  of  Judges. 
J.  Hampden  Dougherty. 

*Academy  of  Political  Science  (N.  Y.).  Proceedings.  3: 
157-64.  Ja.  '13.  Discussion  of  the  Selection  and  Re- 
moval of  Judges. 

*Annals  of  the  American  Academy.     43:239-77.     S.  '12.     Ju- 
dicial   Recall — A    Fallacy    Repugnant  fto    Constitutional 
Government.     Rome  G.  Brown. 
Same,    with    bibliography.     62d    Congress,    2d    Session.     Senate 

Doc.  No.   892.     Also  issued  in  pamphlet  form  with  bibliography  as 

Publication   No.    689.      American   Academy  of   Political   and   Social 

Science,    Philadelphia. 

*Annals  of  American  Academy.  43:278-85.  S.  '12.  Dangers 
that  Lurk  in  the  Recall  of  the  Judiciary.  James  A. 
Metcalf. 

Bench  and  Bar.     25:  1-4.     Ap.  'n.     Recall  of  Judges. 

Bench  and  Bar.     26:  43-6.     Ag.  *n.     Judicial  Despotism  and 
the    Recall. 
Same.     Chicago  Legal  News.     44:87-8.     O.   21,    '11. 

Canada  Law  Times.     31:711-3.     S.  'n.     Recall  of  Judges. 

Case  and   Comment.     18:308-13.     N.   '11.     Perils  of  the  Ju- 
dicial  Recall.     Elihu   Root. 
Same.    Ohio  Law  Bulletin.     56:  366-9.  N.   6,   '11. 

Case  and  Comment.  18:  749-50.  My.  '12.  Recall — by  One 
Recalled.  Shearon  Bonner. 

Central  Law  Journal.  72:393-5.  Je.  2,  'H.  Principle  of 
Recall 'Applied  to  Judicial  Offices. 

Central  Law  Journal.  73:221.  S.  29,  'H.  Judge  Farrar  on 
the  Recall  of  the  Judiciary. 

Excerpts  from   address  before    the   American   Bar   Association, 
August    30,    1911. 


RECALL  OF -JUDGES  xxxix 

Central  Law  Journal.  73:315-7.  N.  3,  'n.  Recall  of  Judges 
As  It  May  Effect  the  Integrity  of  Constitutions. 

Central  Law  Journal.  74:318-20.  My.  3,  '12.  "Tenement 
House"  Decision  by  the  New  York  Court  of  Appeals 
Arouses  Another  "Appeal  to  the  People"  Protest.  A. 
H.  Robbins. 

*Central  Law  Journal.  75:44-5.  Jl.  12,  '12.  Recall  of 
Judges:  A  Warning.  Wendell  P.  Stafford. 

Century.  82:624-5.  Ag.  'n.  Recall  of  Judges  a  Rash 
Experiment. 

Century.  84:  15-21.  My.  '12.  Judicial  Recall.  Bruce  B. 
McCay. 

Chicago    Legal    News.     44:108,    111-2.     N.    n,    'u.     Recall    of 
Judges,      J.    G.    W.    Lewis. 
Same.    Law  Student's  Helper.    19:  324-9.  N.  '11. 

Chicago  Legal  News.  44:277-8.  Ap.  6,  '12.  Judicial  Recall. 
John  F.  Geeting. 

Chicago  Legal  News.  45 :  192.  Ja.  18,  '13.  New  Despotism : 
Address  before  the  New  York  County  Lawyers'  Asso- 
ciation, February  17,  1912.  Wendell  P.  Stafford. 

Reprinted    from    Washington    Law    Reporter.      Same.      United 
States.     62d  Congress,   2d  Session.    Senate  Doc.  No.  344. 

Commercial   and  Financial   Chronicle.   93:434-5.    Ag.    19,   '11. 

President  Taft  on  the  Recall. 
Current    Literature.     52:255-8.     Mr.   '12.      Still    Bombarding 

the    Judiciary. 
Forum.     48:  294-308.     S.    '12.     Recall   of  the  Judges.     Edwin 

Maxey. 

Green  Bag.     23:214.     Ap.  'n.     Recall  of  Judges. 
Green  Bag.     24:  156-7.     Mr.  '12.     Recall  of  Judges. 
Independent.    61:884-5.     O.  n,  '06.     Degrading  the  Judiciary. 
Independent.   71:384-5.  Ag.   17,  'n.     Recall   of  Judges. 
Independent.     72:704-7.     Ap.  4,  '12.     Importance   of  an  In- 
dependent Judiciary.     Elihu   Root. 
Independent.      72:  1126-7.      My.    23,    '12.      Referendum:    Not 

Recall. 
Law  Student's  Helper.     19:334-9.     N.  'n.     Recall  of  Judges. 

William  H.  Taft. 

Same.     Canada  Law  Times.     31:  929-38.     D.   '11. 
Lawyer    and    Banker.      4:65-6.      Ap.    'u.      Dangers    of    the 

Recall. 


xl  BIBLIOGRAPHY 

Lawyer    and    Banker.      4:  189-91.      Je.    '11.      Recall    of    the 
Judiciary  a  "Nostrum."     William  H.  Taft. 
Same.    National  Corporation  Reporter,    43:  147.     S.  14,   '11. 

Lawyer  and  Banker.  5:  115-8.  Ap.  '12.  One  Way  of  Re- 
calling. 

Literary  Digest.  42:989.  My.  20,  'H.  Woodrow  Wilson 
on  the  Recall. 

Michigan  Law  Review.     11:278-95.     F.  '13.     Recall  of  Judges 
and  of  Judicial  Decisions.     Howard  Wiest. 

Nation.     85:296-7.     O.  3,  '07.     New  Attack  on  Judges. 

Nation.     94:227.     Mr.  7,  '12.     Improving  the  Judiciary. 

Nation.  97 :  72-3.  Jl.  24,   '13.    Judicial  Fitness  and  the  Recall. 

National   Corporation  Reporter.     44:447.     My.  9,  '12.     Legal 
Aspect  of   the   Recall   of  Judges   and   Judicial   Decisions. 
John   Gibbons. 
Same.     Chicago   Legal  News.     44:  359.     Je.    15,   '12. 

National  Corporation  Reporter.  44:  477-8.  My.  9,  '12.  Re- 
call of  Judges.  Edmund  H.  Smalley. 

North  American.  193:9-25.  Ja.  'n.  Government  of  Law  or 
of  Men.  Horace  H.  Lurton. 

*North  American.  193:672-90.  My.  'n.  Recall  of  Judges. 
Albert  Fink. 

North  American.  196: 20-51.  Jl.  '12.  Constitution  and 
Its  Makers.  Henry  C.  Lodge. 

See  also  United  States.    62d  Congress,  2d  Session.    Senate  Doc. 
No.    122. 

Ohio  Law  Bulletin.  56:410-1.  D.  4,  'n.  Recall  of  the 
Judiciary.  Edgar  H.  Farrar. 

Ohio  Law  Bulletin.  57^49-50.  F.  5,  '12.  Judicial  Recall 
not  a  Remedy  for  the  Law's  Delay. 

Ohio  Law  Bulletin.  57 :457-8.  N.  18,  '12.  Few  words  on 
Court  Criticism  and  Incidentally  the  Recall.  William 
L.  Dickson. 

Outlook.     81 : 453-4.     O.   28,   '05.     Independent  Judiciary. 

Outlook.  97:383-5,  488-92,  532-6,  574-7.  F.  25-Mr.  18,  '11.  Na- 
tionalism and  the  Judiciary. 

Outlook.    98:852-3.     Ag.  19.     'ii.     Folly  of  the  Recall. 

Outlook.  98:  912-4.  Ag.  26,  'n.  Statehood  Veto. 

Outlook.     100:  522-5.     Mr.  9,  '12.     Recall  of  Judges. 

Outlook.  100 :  604.  Mr.  23,  '12.  President  Taft  on  the  Recall  of 
Judges. 


RECALL  OF  JUDICIAL  DECISIONS  xli 

Washington  Law  Reporter.     40:385-6.     Je.  21,  '12.     District 

of    Columbia    Bar    Association:    Report    on    the    Judicial 

Recall. 
Yale   Law  Journal.     21:372-82.      Mr.   '12.      Recall   from   the 

Standpoint  of  Kentucky  Legal  History.  C.  B.  Seymour. 
Yale  Law  Journal.  21:659-63.  Je.  '12.  Judicial  Recall. 

Frederick  N.  Judson. 
*Yale  Law  Journal.    22:  1-18.     N.  '12.      Independence  of  the 

Judiciary    the    Safeguard    of    Free    Institutions:    Address 

to  the   Graduating   Class  of  the  Yale   Law   School,  June 

17,   1912.     William  B.  Hornblower. 

Same.  United  States.  62d  Congress,  3d  Session.  Senate  Doc. 
No.  1052. 

RECALL  OF  JUDICIAL  DECISIONS 

Only  those  articles  relating  specifically  to  the-  Recall  of  De- 
cisions are  included  in  the  following  list.  For  additional  refer- 
ences of  a  more  general  nature,  the  preceding  lists  may  be  con- 
sulted. 

GENERAL  REFERENCES 
Books,  Pamphlets  and  Documents 

McCarthy,  Charles.  Wisconsin  Idea.  pp.  122,  255,  269.  The 
Macmillan  Co.,  New  York.  1912. 

Mabie,  Edward  C.,  and  White,  Leonard  D.,  ed.  Courts  and 
Social  Reform;  Constructive  and  Rebuttal  Speeches  and 
Briefs  in  the  New  England  Triangular  League  Debates, 
March  6,  1913.  The  H.  W.  Wilson  Co.,  Minneapolis.  1913. 

Magazine  Articles 

Atlantic  Monthly.  110:46-52.  Jl.  '12.  Significance  of  the 
Recall  of  Judicial  Decisions.  Karl  T.  Frederick. 

Case  and  Comment.  19:255-32.  S.  '12.  Labor  Legislation 
and  the  Recall  of  the  Judicial  Veto.  Henry  W.  Bal- 
lantine. 

Chautauqua.     66:291-2.     My.  '12.     Recall  of  Decisions. 

Current  Literature.  52:  372-4.  Ap.  '12.  Recall  of  Judicial  Deci- 
sions. 

Docket  No.  30:724-6.     My.  '12.     Recall  of  Judicial  Decisions. 

Nation.  94:335-  Ap.  4,  '12.  Appeal  and  the  Referendum. 
Walter  J.  Shepard. 


xlii  BIBLIOGRAPHY 

Nation.     94:409-10.     Ap.    25,   '12.     To   Amend    the    Federal 

Judicial  Code.     W.  F.  Dodd. 
National  Corporation  Reporter     44:  365.    Ap.  18,  '12.     Recall 

Again. 
Outlook.     101:58-9.      My.   'n.   '12.     Review   of   Decisions:    a 

Historical   Illustration. 
Westminster    Review.      177:508-22.       My.    '12.      Luther    of 

Neo-Protestantism. 

AFFIRMATIVE  REFERENCES 
Books,  Pamphlets  and  Documents 

Gaynor,   William  J.     Do   Our  Courts   Stand  in  the  Way  of 
Social  and  Economic  Progress?     Speech  at  Yale  Univer- 
sity, May  7,  1912. 
Same.     Congressional   Record.     47:  Appendix   213-5. 

Illinois     State     Bar     Association.       Proceedings,     1912:    203-18. 
Address  on  the  Recall  of  Judicial  Decisions.     Albert  M. 
Kales. 
Same.     Chicago  Legal  News.     44:  305-8.    My.    4,   '12;   Ohio   Law 

Bulletin.     57:   205-11.     My.   13,   '12. 

Ransom,  William  L.  Majority  Rule  and  the  Judiciary. 
Charles  Scribner's  Sons,  New  York.  1912. 

Magazine  Articles 

Academy  of  Political  Science.  (N.  Y.).  Proceedings.  3: 
85-95.  ja.  '13.  Recall  of  Judicial  Decisions.  William 
D.  Lewis. 

*Annals  of  the  American  Academy.  43:278-85.  S.  '12. 
Dangers  That  Lurk  in  the  Recall  of  the  Judiciary.  James 
A.  Metcalf. 

Annals  of  the  American  Academy.  43:286-310.  S.  '12.  Posi- 
tion of  the  Judiciary  in  the  United  States.  A.  Henry 
Snow. 

*Annals  of  the  American  Academy.  43:311-25.  S.  '12.  New 
Method  of  Constitutional  Amendment  by  Popular  Vote. 
William  D.  Lewis. 

Collier's.  50:8-9.  F.  i,  '13.  Sarah  Knisley's  Arm.  Theo- 
dore Roosevelt. 

Georgetown  Law  Journal,  i:  1-12.  Ja.  '13.  Recall  of  Judic- 
cial  Decisions.  Daniel  W.  Baker. 


RECALL  OF  JUDICIAL  DECISIONS  xliii 

Notes.  16:  4-6.  Ap.  '12.  Recall  of  Decisions.  Berke- 
ley Davids. 

*Outlook.  100:390-402.  _F.  24,  '12.  Charter  of  Democracy: 
Address  before  the  Ohio  Constitutional  Convention.  Theo- 
dore Roosevelt. 

Outlook.  101 :  855-7.  Ag.  17,  '12.  People  and  the  Courts.  The- 
odore Roosevelt. 

*Outlook.  100:618-26.  Mr.  23,  '12.  Right  of  the  People 
to  Rule:  Address  at  Carnegie  Hall,  March  20,  1912.  The- 
odore Roosevelt. 

Same.    United   States.     62d  Congress,   2d   Session.     Senate   Doc. 
No.    473. 

Outlook.     101:1003-7.    Ag.  31,  '12.     Judges,  Lawyers  and  the 

People.     Theodore  Roosevelt. 
Review   of   Reviews.     45:567-9.     My.   '12.     Mr.    Roosevelt's 

Recall    of    Judicial    Decisions:    A    Lawyer's     Comments. 

Harold   Remington. 
Saturday    Evening   Post.      185:3-4.      Ag.    31,   '12.      Recall   of 

Judicial  Decisions.     Melville  D.   Post. 

NEGATIVE  REFERENCES 
Books,  Pamphlets  and  Documents 

Burch,  Rousseau  A.  Constitutions  and  Courts:  Address, 
March  30,  1912.  lop.  pa. 

Brown,  Rome  G.  Judiciary  as  the  Servant  of  the  People:  Ad- 
dress before  Tennessee  State  Bar  Assn.,  Memphis,  June  26, 
1913.  29p.  pa.  Rome  G.  Brown.  Minneapolis,  Minn. 

Ewing,  Caruthers.  Spirit  of  the  Times:  Address  before  the 
Georgia  Bar  Association.  May  3O-June  I,  1912.  3ip.  pa. 

Illinois    State    Bar    Association.      Proceedings,    1912:218-34. 
Argument  against  the  Recall  of  Judicial  Decisions.     Chafles 
H.    Hamill. 
Same.     Chicago   Legal   News.     44:  308,    310-3.     My.    4,    '12;    Ohio 

Law   Bulletin.     57:  211-8.     My.    13,    '12. 

Missouri  Bar  Association.  Proceedings,  1912:92-109.  Un- 
rest as  to  the  Administration  of  Law.  Albert  W.  Biggs. 
Same.  Also  printed  in  the  Proceedings  of  the  Texas  State  Bar 

Association   for  1912,    and  as   a   separate   pamphlet. 

*New  York  State  Bar  Association.  Proceedings.  35:  148-67. 
'12.  Judicial  Decisions  and  Public  Feeling.  Elihu  Root. 

Same.    Ohio  Law  Bulletin.    57:  87-94.    Mr.  4,  '12;  Chicago  Legal 
News.     44:  244,    246-7.     Mr.    8,    '12;    Case   and   Comment.    1.8:  666-71. 


xliv  BIBLIOGRAPHY 

Ap.  '12;  Law  Notes.  16:  6-11.  Ap.  '12;  United  States.  62d  Congress, 
2d   Session.     Senate   Doc.   No.    271. 

Pennsylvania    State    Bar    Association.      Proceedings,    1912: 

331-64.     Constitutional   Morality.     William  D.    Guthrie. 
Roe,   Gilbert  E.     Our  Judicial   Oligarchy.     B.   W.   Huebsch, 

New  York.     1912. 

Severance,  Cordenio  A.  President's  Annual  Address  before 
the  Minnesota  State  Bar  Association,  August  19,  1912. 
28p. 

Shepard,  Charles  E.  Recall  of  Judges  and  Judicial  Deci- 
cions:  Address  before  the  Seattle  Bar  Association,  June 
26,  1912.  pp.  11-5. 

Taft,  Henry  W.  Recall  of  Decisions:  Read  at  the  Annual 
Meeting  of  the  New  York  State  Bar  Association,  Janu- 
ary 24,  1913.  34?.  pa. 

*Thayer,  Ezra  Ripley.  Recall  of  Judicial  Decisions,  up.  pa. 
Reprinted  from  Legal  Bibliography,  4:  3-7.  March,  1913,  in 
same  pamphlet  with  Chipman,  F.  E.  Veto  Power  of  Judges.  Le- 
gal Bibliography.  October,  1912.  Also  printed  as  United  States. 
63d  Congress,  1st  Session.  Senate  Doc.  No.  28. 

United  States.  62d  Congress,  2d  Session.  Senate  Doc.  No. 
408.  Judiciary  and  Progress:  Address  at  Toledo,  March 
8,  1912.  William  H.  Taft. 

Magazine  Articles 

*Academy  of  Political  Science  (N.  Y.).  Proceedings.  3: 
96-9.  Ja.  '13.  Recall  of  Judicial  Decisions.  Clarence  D. 
Ashley. 

*Academy  of  Political  Science  (N.  Y.).  Proceedings.  3: 
100-17.  Ja.  '13.  Development  of  American  Constitu- 
tional Law.  Munroe  Smith. 

American  Law  Review.  47:90-110.  Ja.  '13.  Judicial  Cen- 
sorship of  Legislation.  Frederick  Green. 

American  Political  Science  Review.  7:  sup.  149-61.  F.  '13. 
Certain  Retrogressive  Policies  of  the  Progressive  Party. 
Frederick  J.  Stimson. 

*Annals  of  the  American  Academy.  43:239-77.  S.  '12.  Judicial 
Recall — A  Fallacy  Repugnant  to  Constitutional  Govern- 
ment. Rome  G.  Brown. 

Central  Law  Journal.  74:318-20.  My.  3,  '12.  "Tenement 
House"  Decision  by  the  New  York  Court  of  Appeals 


RECALL   OF   JUDICIAL  DECISIONS  xlv 

/\rouses  Another  "Appeal  to  dfe  People"  Protest.    A.  H. 

Robbins. 
Central   Law   Journal.   75 :   25-7.   Jl.    12,   '12.    Recall    of  Judicial 

Decisions  as  a  Remedy. 

^Central  Law  Journal.     75:35-40.     Jl.   12,  '12.     Recall  of  De- 
cisions— A  Fallacy.     James  B.   McDonough. 
Chicago    Legal    News.      44:261-2.      Mr.    23,    '12.      Recall    of 

Decisions.     George  A.  Talley. 
Chicago  Legal  News.     44:276.     Ap.  6,  '12.     Recall  of  Judges 

and  Judicial  Decisions.     Donald  L.  Morrill. 
Congressional     Record.     48:     2632-4.      (current.)      F.     27,     '12. 

Charter    of    Democracy    as    Advocated    by    Ex-President 

Roosevelt  at   the    Ohio    Constitutional    Convention.    Ray- 

ner. 
*Forum.     48:45-60.     Jl.  '12.     Constitutional   Chaos.     Charles 

H.  Hamill. 
Harvard    Law    Review.      26:507-30.      Ap.    '13.      Constitution 

and  the   Courts.     John   G.   Palfrey. 
Independent.      72:  1126-7.      My.    23,    '12.      Referendum:    Not 

Recall. 
Michigan  Law  Review.     11:278-95.     F.  '13.     Recall  of  Judges 

and  of  Judicial  Decisions.     Howard  Wiest. 
Nation.     94:278.     Mr.  21,  '12.     Question  of  Fundamentals. 
Nation.     94:  312-3.     Mr.   28,  '12.      Roosevelt   and   the   Recall 

James  H.  Wolfe. 
Nation  Corporation  Reporter.     44:89.     F.  29,  '12.     Recall  of 

Judicial  Decisions. 
National  Corporation  Reporter.     44:477.     My.  9,  '12.     Legal 

Aspect   of   the   Recall   of  Judges   and   Judicial   Decisions. 

John  Gibbons. 

Same.     Chicago  Legal  News.    44:  359.    Je.  15,  '12. 
Ohio  Law  Bulletin.     57:82-3.     Mr.  4,  '12.     Recall  Proposed 

by  Roosevelt. 
Outlook.      100:604-5.      Mr.    23,    '12.      President   Taft   on    the 

Recall    of    Decisions. 

Political   Science   Quarterly.  28:1-17.    Mr.  '13.   Social   Legis- 
lation and  the  Courts.  W.  F.  Dodd. 
Yale    Law    Journal.      21 : 659-63.      Je.    '12.      Judicial    Recall 

Frederick  N.  Judson. 


